Legal Opinion
Kalil v. United States
District Court, E.D. New York
Decided October 22, 1952No. 19688PublishedCited by 9 opinions
1Opinion of the Court
BYERS, District Judge.
The respondent has filed exceptive allegations to the libel and moved to dismiss on the ground that the action is not within the purview of the 1950 Amendment to *967Section 5 of the Suits in Admiralty Act, 46 U.S.C.A. § 745.
The following dates are not in dispute:
May 25, 1951, this libel was filed.
October 18, 1949, Admiralty cause 36^404 in the Southern District entitled, Kalil v. Standard Fruit & Steamship Co., was dismissed for lack of prosecution under Rule 30 (Southern District) “without prejudice and without costs.”
That action was against a general agent and the…
2Cases cited4 opinions
- Cosmopolitan Shipping Co. v. McAllisterSupreme Court of the United States · 1949
- Hust v. Moore-McCormack Lines, Inc.Supreme Court of the United States · 1946
- Sgambati v. United StatesCourt of Appeals for the Second Circuit · 1949
- Cohen v. United StatesCourt of Appeals for the Second Circuit · 1952
3Cited by9 opinions
- Williams v. United StatesCourt of Appeals for the Fourth Circuit · 1955
- Jackson v. United StatesDistrict Court, E.D. South Carolina · 1964
- O'HARA v. KovensDistrict Court, D. Maryland · 1979
- Stepka v. United StatesDistrict Court, E.D. New York · 1961
- Williams v. United StatesCourt of Appeals for the Fourth Circuit · 1955
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